Clarity needed on state's public financing law

Susan Haigh, Associated Press

Published 11:04 am, Monday, October 19, 2009

HARTFORD -- After declaring his candidacy for governor seven months ago, former House Speaker James Amann has been crisscrossing Connecticut, dutifully raising small contributions to qualify for $1.25 million in public campaign funds.

But in August, a federal judge ruled that the state's public financing law, seen by some as a possible national model, as unconstitutional because it discriminates against minor party political candidates.

While the same judge agreed to let the program remain in force as the state challenges his ruling before the 2nd U.S. Circuit Court of Appeals, candidates for the 2010 election, like Amann, are wondering whether they can count on the program -- and its money.

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"But my staff and the advice we have taken from (the) Elections (Enforcement Commission) is that we're still full speed ahead in qualifying," he said. "Until we hear anything new, we just have to continue on with the rules that are before us."

The commission is concerned the four-year-old program will lose credibility with candidates, leading them to return to the old system of accepting contributions from special interests. It has been urging the General Assembly to step in and strip the offending sections of the law or rewrite the provisions that affect minor party candidates.

"We really don't have the luxury to wait around and see what happens in the courts," said Beth Rotman, director of the Citizens Election Program.

"My preference is that the legislature move quickly, expeditiously and fix the issue identified in a special session in the coming months," she said.

State Sen. Gayle Slossberg, D-Milford, co-chairwoman of the elections committe, said if lawmakers decide to do anything about the law, they would likely make the changes before Jan.1.

Slossberg said lawmakers are considering holding public informational hearings on the issue, but hothing has been formalized.

Stamford Mayor Dannel Malloy, a potential Democratic gubernatorial candidate who has created an exploratory committee under the new program, said he believes the system is a good one and urged lawmakers to fix the problem in November.

"There's a number of ways to do it," he said. "The big picture is, do something to preserve this framework."

Not everyone is crossing their fingers, hoping that the program survives. Even though Rep. Jason Perillo, R-Shelton, formed an exploratory committee for a possible run for re-election under the public financing system, he said he doesn't like the idea of spending public money on political campaigns.

The program is financed by unclaimed property legally seized by the state.

But Perillo said he feels like he has no choice but to participate.

"You're sort of stuck, so you have to do it whether you like it or not, whether you like spending taxpayer money on signs or buttons or not," he said.

U.S. District Judge Stefan Underhill ruled that a part of the law that provides a voluntary public financing scheme for candidates for statewide offices and the legislature puts an unconstitutional burden on minor party candidates' First Amendment right to political opportunity.

He said the program, known as the Citizens Election Program, enhances major party candidates' strength beyond their past ability to raise contributions, providing them public financing "at windfall levels."

The judge's ruling came less than a year after the 2008 election for legislative seats, the first election using the public financing program. Proponents lauded that election a success because it yielded a high candidate participation rate.

Secretary of the State Susan Bysiewicz, a potential Democratic gubernatorial candidate who has formed an exploratory committee under the public financing program, said her office has received calls from potential legislative candidates who aren't sure what to do because it's not clear if the program will remain in place.

"Clarity is critically important because we are just a few months away from the state conventions, we are less than a year away from whatever primaries there would be in August, for legislature, for statewide office," she said. "Candidates need to know what the rules are. I can relate because I am a potential candidate."

House Minority Leader Lawrence Cafero Jr., R-Norwalk, who has formed an exploratory committee, said like the other candidates, he's wondering what's going to happen. Cafero said the General Assembly should have included a clause in the original bill, which Republicans suggested, that would have allowed the overall program to continue if a judge found particular sections unconstitutional.

Sen. Gary LeBeau, D-East Hartford, who is exploring a run for governor as a Democrat, said he expects his fellow legislators will fix the public financing law and somehow allow the program to continue. The question, he said, is how broadly they intend to intervene.

"We've invested a lot in the sense of our time, effort, energy and blood, sweat and tears already into this system," he said. "It would be pulling the rug out from under all of us."